US AI Governance Policy Leader: A DC Perspective on Sectoral Rules

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Government should identify and address problems that affect the entire population but are too complex for individuals to solve on their own. In a fireside chat organized by the Brookings Center for Technology Innovation, Chair Charlotte Burrows of the U.S. Equal Employment Opportunity Commission (EEOC) emphasized the EEOC’s commitment to ensuring a fair and inclusive workforce, which is deeply ingrained in its regulatory philosophy. Burrows acknowledged the historical significance of the EEOC as a result of the March on Washington for Jobs and Freedom and highlighted the need for adaptability in its work. The use of automated systems in hiring and employment can perpetuate biases and unfair outcomes, which goes against the purpose of the EEOC. Burrows stressed the importance of safeguarding democratic values and preventing unintended consequences resulting from the use of AI in this context. The EEOC has released groundbreaking guidance on AI governance that will shape practices for years to come, contributing to more trustworthy approaches in the employment sector and informing AI governance in other fields of the economy. As AI becomes more prevalent, various government agencies, including the EEOC, are determining how it fits within their mandates and finding ways to create their internal AI governance policies. Some agencies have even examined their existing authority to ensure its applicability to AI. The EEOC, along with other agencies, has highlighted that technology-neutral laws that promote fair and safe outcomes are equally applicable to AI and human-driven actions. Additionally, Brookings Center for Technology Innovation is developing the AI Equity Lab, which aims to design and develop non-discriminatory AI in areas such as employment, education, healthcare, and criminal justice. Burrows emphasized the need for translation between expertise domains, particularly between civil rights laws and technology development, to ensure that AI developers understand their civil rights obligations and that civil rights experts are knowledgeable about the technology. AI governance professionals play a crucial role in facilitating this translation and ensuring that individuals in the loop receive proper training and support. The EEOC has taken steps to educate itself and the public on how civil rights regulations interact with new technologies, resulting in several significant outputs related to AI and employment, including guidance for employers and a strategic enforcement plan. Meanwhile, industry and civil society stakeholders have independently developed best practices for AI governance in employment, contributing to ongoing discussions and shaping the emerging profession of AI governance. Despite political challenges, committee hearings on AI and privacy continue to take place, demonstrating the importance of addressing these issues. Notably, the Global South has a stake in AI governance dialogues, which will be discussed in an upcoming webinar hosted by Brookings. There are also other events that focus on topics such as generative AI and data privacy as a national security priority.